Special Trustee Sample Clauses

Special Trustee. (1) The grievant may appeal the decision of the CEO to the Special Trustee This appeal shall be made within ten workdays of the receipt of that decision. The appeal shall include a copy of the original grievance, all decisions previously rendered including the reasons therefore, the reasons for the appeal, and the specific remedy sought. (2) Within 10 days of receipt of the appeal the Special Trustee shall determine whether to hear the appeal, or delegate the hearing to a hearing officer. If the Special Trustee determines to conduct the hearing himself or herself, he or she shall hold the hearing on the grievance in a closed session within 30 days of receipt of the appeal. In the alternative, the Special Trustee may delegate the hearing function to a hearing officer who shall prepare a proposed decision. The grievant shall have the opportunity to present his appeal at the hearing. The District shall retain the right to support its decision at this session. A hearing before a hearing officer will be set at the earliest date available on the hearing officer’s calendar. The District shall provide 15 days notice of a hearing before a hearing officer. (3) The hearing need not be conducted according to technical rules relating to evidence and witnesses, except as provided herein. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions. However, oral evidence shall be taken only on oath or affirmation. (4) Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but over timely objection shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. An objection is timely if made before submission of the case. (5) Ten days in advance of the hearing before either the Special Trustee or the hearing officer both the grievant and/or the Federation, and the District shall exchange a list of witnesses and a list of exhibits that the party intends to introduce in its case-in-chief. Failure to identify a witness or an exhibit may result in its exclusion at the hearing in the discretion of the Special Trustee or hearing officer. (6) Each party shall have these rights at the hearing: to call and examine witnesses, to introduce exhibits; ...

Special Trustee. To appoint or remove by signed instrument any trust company, authorized by the ITTA or any other applicable law, as special trustee as to part or all of the Trust Funds, including assets as to which the Trustee does not act; and the special trustee, except as specifically limited in this or the appointing instrument, shall have all of the rights, titles, powers, duties, discretions, and immunities of the Trustee who appointed the special trustee, without liability for any action directed to be taken or omitted under this or the appointing instrument.

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Special Trustee s/ Xxxxx X. Xxxxxx -------------------------- XXXXX X. XXXXXX BUSINESS TRUSTEE: /s/ Xxxx X. Xxxx -------------------------- XXXX X. XXXX EXHIBIT A TO THE TRUST AGREEMENT OF MAIN PLACE TRUST (DATED AS OF DECEMBER 14, 1998) FORM OF ASSIGNMENT AND ASSUMPTION AGREEMENT ASSIGNMENT AND ASSUMPTION AGREEMENT This ASSIGNMENT AND ASSUMPTION AGREEMENT (the "Agreement") is dated as of December __, 1998, by NATIONSBANK, N.A (the "Assignor") and MAIN PLACE TRUST, a Delaware business trust (the "Assignee").

Special Trustee. A Special Trustee shall be appointed when necessary to exercise certain powers or discretion under this Trust. The Trustee may make such appointment at any time as needed. The Special Trustee at any time serving shall be someone who would not have a substantial risk of causing adverse tax consequences to such Special Trustee or to the Trustee or any co-Trustee serving as Trustee, or any beneficiary, from either having or exercising any discretion as to which a Special Trustee may be required or allowed to exercise under the terms of this Trust, as the case may be, and if so qualified may be any co-Trustee, but in any event shall be either an individual not subject to such risk of adverse tax consequences, or a bank trust department with an office in Salt Lake City, Utah. Written notice of the appointment of such a Special Trustee shall be sent to all competent beneficiaries and to the guardian or conservator of any incompetent beneficiary. Such notice shall identify the Special Trustee and set forth a general description of the issues with respect to which the Special Trustee is to serve. If any bank trust department is serving as a co-Trustee, that trust department co-Trustee shall have the power and authority alone and in its sole and absolute discretion to name itself as the Special Trustee, by giving notice as provided above, any time it believes it necessary or desirable to do so to give effect to the intentions of Sections 5.11 and 5.12.

Special Trustee. (a) The Company expressly acknowledges that, under the circumstances set forth in the applicable LLC Agreement or Written Action, the holders of each series of Preferred Securities shall have the right, prior to a Special Event Exchange of such series of Preferred Securities, to appoint a Special Trustee if an Event of Default with respect to the series of Securities related to such series of Preferred Securities or certain other events specified in such LLC Agreement or Written Action shall have occurred and be continuing. Such Special Trustee shall be authorized to exercise the rights and remedies of the American General LLC that issued the Preferred Securities of such series as Holder of the related series of Securities under this Indenture, other than the right to receive any payments on such Securities. Without limiting the foregoing, such Special Trustee shall be entitled to give any request, demand, authorization, direction, notice, consent or waiver hereunder as if it, rather than such American General LLC, were the Holder of the Securities of such series and, in determining whether the Holders of the requisite principal amount of Outstanding Securities of such series have given any such request, demand, authorization, direction, notice, consent or waiver, such Securities shall be deemed to be owned by the Special Trustee rather than such American General LLC. Any Special Trustee so appointed shall vacate office immediately in accordance with the applicable LLC Agreement if all Events of Default or other events specified in the applicable LLC Agreement or Written Action giving rise to such right of appointment have been cured or waived. The Company shall notify the Trustee when any such Special Trustee shall have been appointed and the date on which the authority of the Special Trustee shall have expired or terminated. (b) Without limiting the generality of the foregoing, any Special Trustee appointed with respect to a series of Preferred Securities, in its own name and as trustee of an express trust, may, subject to Section 507, institute a proceeding, including, without limitation, any suit in equity, an action at law or other judicial or administrative proceeding, to enforce the creditor's rights of the American General LLC that is the Holder of the related series of Securities directly against the Company to the same extent and subject to the same limitations as such American General LLC, as a Holder, could do so and on behalf of such American ...

Special Trustee. Special Trustee shall be appointed when necessary to exercise certain powers or discretion under this Trust. The Trustee [Trust Protector] may make such appointment at anytime as needed. The Special Trustee at any time serving shall be someone who would not have a substantial risk of causing adverse tax consequences to such Special Trustee or to the Trustee or any Cotrustee serving as Trustee, or any beneficiary, or any person transferring property into the Trust, from either having or exercising any discretion as to which a Special Trustee may be required or allowed to exercise under the terms of this Trust, as the case may be, and if so qualified may be any Cotrustee, but in any event shall be either an individual not subject to such risk of adverse tax consequences, or a bank trust department or trust company with an office in Salt Lake City, Utah. Written notice of the appointment of such a Special Trustee shall be sent to all current beneficiaries. Such notice shall identify the Special Trustee and set forth a general description of the issues with respect to which the Special Trustee is to serve. If any bank trust department or any trust company is serving as a Cotrustee, that trust department or trust company Cotrustee shall [request the Trust Protector to appoint it] [have the power and authority alone and in its sole and absolute discretion to name itself] as the Special Trustee, by giving notice as provided above, any time it believes it necessary or desirable to do so to give effect to the intentions of sections 5.14 and 5.15.

Related to Special Trustee

Initial Trustee Upon his execution of this Declaration of Trust or a counterpart hereof or some other writing in which he accepts such Trusteeship and agrees to the provisions hereof, the individual whose signature is affixed hereto as Initial Trustee shall become the Initial Trustee hereof.
Delaware Trustee The name and business address of the trustee of the Trust in the State of Delaware is Wilmington Trust Company, Xxxxxx Square North, 0000 Xxxxx Xxxxxx Xxxxxx, Xxxxxxxxxx, Xxxxxxxx 00000-0000.
Duties of Delaware Trustee (a) The Delaware Trustee is appointed to serve as the trustee of the Trust in the State of Delaware for the sole purpose of satisfying the requirement of Section 3807(a) of the Statutory Trust Statute that the Trust have at least one trustee with a principal place of business in Delaware. It is understood and agreed by the parties hereto that the Delaware Trustee shall have none of the duties or liabilities of the Trustee. (b) The duties of the Delaware Trustee shall be limited to (i) accepting legal process served on the Trust in the State of Delaware, (ii) the execution of any certificates with respect to the Trust required to be filed with the Secretary of State which the Delaware Trustee is required to execute under Section 3811 of the Statutory Trust Statute and (iii) such other duties as are set forth in this Article VIII. To the extent that, at law or in equity, the Delaware Trustee has duties (including fiduciary duties) and liabilities relating thereto to the Trust or the Holders of the REMIC I Regular Interests or the Certificates, it is hereby understood and agreed by the parties hereto that such duties and liabilities are replaced by the duties and liabilities of the Delaware Trustee expressly set forth in this Agreement.
Indenture Trustee In performing its obligations under this Agreement, the Indenture Trustee is subject to, and entitled to the benefits of, the Indenture. The Indenture Trustee will not have any liability for any act or failure to act of the Administrator.
Owner Trustee This Agreement has been signed on behalf of the Grantor by U.S. Bank Trust National Association, not in its individual capacity, but solely in its capacity as Owner Trustee of the Grantor. In no event will U.S. Bank Trust National Association in its individual capacity or a beneficial owner of the Grantor be liable for the Grantor’s obligations under this Agreement. For all purposes under this Agreement, the Owner Trustee is subject to, and entitled to the benefits of, the Trust Agreement.
The Owner Trustee It is expressly understood and agreed by the parties hereto that (i) this Agreement is executed and delivered by Wilmington Trust, National Association on behalf of the Trust not individually or personally but solely as owner trustee of the Trust under the Trust Agreement of the Trust dated the date hereof in the exercise of the powers and authority conferred upon and vested in Wilmington Trust, National Association as owner trustee of the Trust under such Trust Agreement, (ii) each of the representations, undertakings and agreements herein made on the part of the Trust is made and intended not as the personal representation, undertaking or agreement of Wilmington Trust, National Association, but is made and intended for the purpose of binding only the Trust and (iii) nothing herein contained shall be construed as creating any liability on the part of Wilmington Trust, National Association, individually or personally, to perform any covenant or obligation of the Trust, either expressed or implied, contained herein, all such liability, if any, being expressly waived by the parties hereto and by any Person claiming by, through or under the parties hereto.
Collateral Trustee (a) The Collateral Trustee will hold (directly or through co-trustees or agents) and, subject to the terms of the Intercreditor Agreement, will be entitled to enforce all Liens on the Collateral created by the Security Documents. (b) Except as provided in the Collateral Trust Agreement or as directed by an Act of Parity Lien Debtholders in accordance with the Collateral Trust Agreement, the Collateral Trustee will not be obligated: (i) to act upon directions purported to be delivered to it by any Person; (ii) to foreclose upon or otherwise enforce any Lien; or (iii) to take any other action whatsoever with regard to any or all of the Security Documents, the Liens created thereby or the Collateral. The Company will deliver to each Parity Lien Representative copies of all Security Documents delivered to the Collateral Trustee. (c) By accepting a Security, each Holder is deemed to authorize the Collateral Trustee to release or subordinate any Collateral that is permitted to be sold, reclassified or released or be subject to a Priority Lien pursuant to the terms of this Indenture and the Security Documents. By accepting a Security, each Holder is deemed to authorize the Collateral Trustee to execute and deliver to the Company, at the Company’s sole cost and expense, any and all releases of Liens, termination statements, assignments or other documents reasonably requested by the Company in connection with any sale, reclassification or other disposition of Collateral to the extent such sale, reclassification or other disposition, and such release of Liens, is permitted by the terms of this Indenture, the Security Documents and the Intercreditor Agreement. (d) Neither the Trustee nor the Collateral Trustee nor any of their respective officers, directors, employees, attorneys or agents shall be responsible for (i) perfecting, maintaining, monitoring, preserving or protecting the security interest or Xxxx granted under the Security Documents or any agreement or instrument contemplated hereby or thereby, (ii) the filing, re-filing, recording, re-recording or continuing of any document, financing statement, Mortgage, assignment, notice, instrument of further assurance or other instrument in any public office at any time or times or (iii) providing, maintaining, monitoring or preserving insurance on or the payment of taxes with respect to the Collateral. The actions described in clauses (i) through (iii) shall be the sole responsibility of the Company and the Subsidiary Guarantors. (e) Neither the Trustee nor the Collateral Trustee nor any of their respective officers, directors, employees, attorneys or agents will be responsible or liable for the existence, genuineness, value or protection of any Collateral, for the legality, enforceability, effectiveness, or sufficiency of the Collateral Documents, for the creation, perfection, priority, sufficiency or protection of any Lien, including payment of any Taxes, charges or assessments upon the Collateral or otherwise as to the maintenance of the Collateral, or for any defect or deficiency as to any such matters, or, except as may be provided in the Collateral Trust Agreement, for any failure to demand, collect, foreclose or realize upon or otherwise enforce any of the Liens or Collateral Documents or any delay in doing so. Neither the Trustee nor the Collateral Trustee nor any of their respective officers, directors, employees, attorneys or agents will be responsible or liable for making any filings or recordings to perfect or maintain the perfection of the Collateral Trustee’s Lien in the Collateral, including without limitation, the filing of any Uniform Commercial Code financing statements, continuation statements, Mortgages or any other filings. (f) In acting hereunder and under the other Note Documents, the Holders, the Company and the Subsidiary Guarantors agree that the Collateral Trustee shall be entitled to the rights, privileges, protections, immunities, indemnities and benefits provided to the Trustee hereunder as if such were provided to the Collateral Trustee.
Trustee Section 7.01.
Duties of Trustee and Securities Administrator The Trustee, prior to the occurrence of a Master Servicer Event of Default and after the curing or waiver of all Master Servicer Events of Default which may have occurred, and the Securities Administrator each undertake to perform such duties and only such duties as are specifically set forth in this Agreement as duties of the Trustee and the Securities Administrator, respectively. During the continuance of a Master Servicer Event of Default, the Trustee shall exercise such of the rights and powers vested in it by this Agreement, and use the same degree of care and skill in its exercise as a prudent person would exercise or use under the circumstances in the conduct of such person’s own affairs. Any permissive right of the Trustee enumerated in this Agreement shall not be construed as a duty. Each of the Trustee and the Securities Administrator, upon receipt of all resolutions, certificates, statements, opinions, reports, documents, orders or other instruments furnished to it, which are specifically required to be furnished pursuant to any provision of this Agreement, shall examine them to determine whether they conform on their face to the requirements of this Agreement. If any such instrument is found not to conform on its face to the requirements of this Agreement, the Trustee or the Securities Administrator, as the case may be, shall take such action as it deems appropriate to have the instrument corrected, and if the instrument is not corrected to its satisfaction, the Securities Administrator shall provide notice to the Trustee thereof and the Trustee shall provide notice to the Certificateholders. No provision of this Agreement shall be construed to relieve the Trustee or the Securities Administrator from liability for its own negligent action, its own negligent failure to act or its own misconduct; provided, however, that: (i) Prior to the occurrence of a Master Servicer Event of Default, and after the curing or waiver of all such Master Servicer Events of Default which may have occurred with respect to the Trustee and at all times with respect to the Securities Administrator, the duties and obligations of the Trustee and the Securities Administrator shall be determined solely by the express provisions of this Agreement, neither the Trustee nor the Securities Administrator shall be liable except for the performance of such duties and obligations as are specifically set forth in this Agreement, no implied covenants or obligations shall be read into this Agreement against the Trustee or the Securities Administrator and, in the absence of bad faith on the part of the Trustee or the Securities Administrator, respectively, the Trustee or the Securities Administrator, respectively, may conclusively rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon any certificates or opinions furnished to the Trustee or the Securities Administrator, respectively, that conform to the requirements of this Agreement; (ii) Neither the Trustee nor the Securities Administrator shall be liable for an error of judgment made in good faith by a Responsible Officer or Responsible Officers of the Trustee or an officer or officers of the Securities Administrator, respectively, unless it shall be proved that the Trustee or the Securities Administrator, respectively, was negligent in ascertaining the pertinent facts; and (iii) Neither the Trustee nor the Securities Administrator shall be liable with respect to any action taken, suffered or omitted to be taken by it in good faith in accordance with the direction of the Holders of Certificates evidencing, in aggregate, not less than 25% (or such other percentage set forth in this Agreement) of the aggregate Certificate Principal Balance of the Certificates relating to the time, method and place of conducting any proceeding for any remedy available to the Trustee or the Securities Administrator or exercising any trust or power conferred upon the Trustee or the Securities Administrator under this Agreement.
The Trustee The Trustee shall not be responsible in any manner whatsoever for or in respect of the validity or sufficiency of this Supplemental Indenture or for or in respect of the recitals contained herein, all of which recitals are made solely by the Guaranteeing Subsidiary and the Company.

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